THE 


TRINITY  CHURCH  TITLE. 


REPORT 

OF  THE 

COMMISSIONERS  OF  THE  LAND  OFFICE 

MADE  TO  THE 

HOUSE  OF  ASSEMBLY 
MAY  12,  1§36. 


NEW-YORK: 
J.  R.  M'GOWN,  PRINTER,  128,  FULTON-STREET. 

1846. 


ClAsjicI 

AA  i 

52 

*/YT7 


NOTE. 


In  1835,  there  appeared  in  the  New  York  Gazette,  a  publication 
Under  the  signature  of  Vindex,  upon  the  subject  of  the  Trinity 
Church  title,  with  a  Memorial  to  the  Legislature  founded  upon  the 
views  of  the  writer.  The  House  of  Assembly  referred  the  matter 
to  the  Commissioners  of  the  Land  Office,  who  made  the  Report 
that  is  contained  in  the  following  pages.  Vindex 's  argument  ap- 
pears to  have  been  adopted  by  Counsel,  in  a  late  case  before  the 
Assistant  Vice  Chancellor,  of  the  first  Circuit.  (See  New  York 
Evening  Post,  of  Friday,  Feb.  13th,  1846.)  The  reminiscence  of 
this  Report,  and  of  the  principles  it  contains,  and  the  conclusions 
arrived  at  in  it,  may  quiet  some  present  disposition  to  revive  the 
same  questions. 

The  signers  of  this  document  were,  the  Attorney  General,  the 
Secretary  of  State,  the  Comptroller,  the  Treasurer  and  the  Sur- 
veyor General  of  the  State,  ex  officio  Commissioners  of  the  Land 
Office.  The  Hon.  Greene  C.  Bronson  was  Attorney  General  at 
the  times  of  the  reference  and  the  hearing  of  the  parties,  but  being 
elevated  to  the  bench  of  the  Supreme  Court,  on  6th  January  1836, 
the  proceeding  was  continued  and  concluded  in  the  time  of  his  suc- 
cessor, who  acquiesced  in  the  Report,  the  argument  being  in  paper. 


i£x  Ktfartfl 

SEYMOUR  DURST 


'curst 


STATE  OF  NEW-YORK. 


No.  321. 


IN  ASSEMBLY. 

May  12,  1836. 


REPORT 

Of  the  Commissioners  of  the  Land-Office,  on  the  me- 
morial of  Wm.  Cochran,  John  William  Fay,  and 
sundry  other  inhabitants  of  the  city  of  New-York, 
in  relation  to  Trinity  Church. 

TO  THE  ASSEMBLY. 

The  Commissioners  of  the  Land-Office,  to  whom 
was  referred  the  memorial  of  William  Cochran,  John 
William  Fay,  and  sundry  other  inhabitants  of  the  city 
of  New- York,  in  respect  to  Trinity  Church  in  that 
city,  have  the  honor  to  present  the  following 

REPORT: 

The  memorial  was  referred  to  the  Commissioners 
on  the  30th  March,  1835,  and  the  report  has  been  de- 
layed to  this  time  by  the  desire  of  the  Commissioners 
to  afford  to  the  parties  concerned,  an  opportunity  to 
be  heard,  if  they  should  so  desire,  and  by  other  cir- 
cumstances which  it  was  not  in  their  power  to  control. 
A  day  was  appointed  for  the  hearing  during  the  recess 
of  the  Legislature,  and  the  proper  notices  were  given, 
as  well  to  the  memorialists  as  to  Trinity  Church. 


4 


REPORT  OF  THE  COMMISSIONERS 


The  latter  appeared  by  counsel,  from  whom  a  paper 
was  subsequently  received,  stating  the  legal  grounds 
on  which  the  church  claims  to  hold  its  corporate  pro- 
perty. 

The  memorialists  suggest  that  there  is  in  the  city 
of  New-York,  an  ecclesiastical  body  called  "  The 
Rector,  Church-Wardens  and  Vestrymen  of  Trinity 
Church  in  the  city  of  New-York ; 55  that  said  "  church 
is  in  possession,  and  receives  the  profits,  of  a  very  ex- 
tended landed  estate } "  that  the  revenue  of  said  church 
was  formerly  limited  by  the  Legislature  of  this  State, 
u  to  the  sum  of  twelve  hundred  pounds  per  annum  of 
the  then  currency,"  "  which  would  amount  to  three 
thousand  dollars  of  the  present  currency ; "  but  that 
its  present  revenue  "very  much  exceeds  the  sum  to 
which  it  is  limited  "  by  law,  and  that  the  immense 
wealth  of  Trinity  Church  gives  it  "  a  preponderating 
influence,  not  only  in  the  affairs  of  the  Protestant 
Episcopal  Church  in  this  State,  but  in  those  of  the 
United  States."  That  in  the  opinion  of  the  memori- 
alists, the  possession  of  so  great  wealth  by  this  society, 
is  inconsistent  with  the  spirit  of  the  government  and 
Constitution  of  this  State ;  and  that,  in  permitting  it 
so  to  be  held,  the  government  give  a  preference  to  "  a 
particular  religious  denomination."  The  memorialists, 
therefore,  pray  that  "the  whole  of  said  real  estate,  or 
so  much  thereof  as  creates  the  excess  of  revenue,  be- 
yond the  amount  limited,  may  be  taken  to  and  for  the 
people  of  this  State ;  and  that  the  Legislature  will 
take  such  proceedings  in  the  premises  as  may  seem 
proper." 

On  the  sixth  of  May,  1697,  William  III.  King  of 
England,  granted  a  charter  of  incorporation  to  a  rec- 
tor and  certain  inhabitants  of  the  city  of  New- York. 
This  charter  recites,  amongst  other  things,  that  cer- 
tain inhabitants  of  said  city  had,  by  their  petition,  rep- 
resented that  a  church  had  been  built  within  said  city, 
at  the  charge  of  the  governor  of  the  then  province  of 


OF  THE  LAND  OFFICE. 


5 


New-York,  and  several  other  inhabitants  of  said  city, 
and  prayed  that  said  "  church  might  be  made  paro- 
chial and  incorporate  into  one  body  politic,  in  fact 
and  in  name  5  "  and  that  a  yearly  maintonancc  might 
be  appropriated  unto  said  church,  and  also  that  his 
majesty  would  make  a  royal  grant  of  a  piece  of  land 
near  adjoining  to  said  church,  for  the  use  of  said 
church  and  corporation ;  wherefore  in  consideration 
of  the  premises,  and  of  the  great  charge  which  must 
accrue  in  finishing  said  church,  &c,  and  in  erecting 
and  providing  a  parsonage  house,  &c,  his  majesty 
granted  and  declared  that  said  church,  "situate  in 
and  near  the  street  called  Broadway,"  in  the  city  of 
New-York,  u  and  the  ground  thereunto  adjoining,  in- 
closed and  used  for  a  cemetery  or  church-yard,"  should 
be  the  parish  church  and  church-yard  of  the  parish  of 
Trinity  Church,  within  said  city,  and  dedicated  to  the 
service  of  God,  and  applied  thereunto  for  the  use  of 
those  who  might  from  time  to  time  be  inhabitants  of 
the  city  of  New- York,  in  communion  of  said  Protes- 
tant Church  of  England,  as  then  established  by  the 
law,  and  to  no  other  use  or  purpose  whatever  ;  and 
that  there  should  be  a  rector,  and  a  perpetual  succes- 
sion of  rectors  in  said  parish,  the  Bishop  of  London 
being  thereby  constituted  the  first  rector.  The  char- 
ter, also,  declared  and  provided,  that  said  Bishop  and 
his  successors,  rectors  of  said  parish,  and  the  inhabi- 
tants of  said  city,  in  communion  as  aforesaid,  should 
be  a  body  corporate  and  politic,  in  fact  and  in  name, 
by  the  name  of"  The  Rector  and  Inhabitants  of  our 
said  city  of  New-York,  in  communion  of  our  Prot- 
estant church  of  England,  as  now  established  by 
our  laws,"  with  perpetual  succession,  and  power  to 
have,  acquire,  and  purchase  lands,  goods  and  chattels, 
and  to  use,  lease,  and  dispose  of  the  same  as  other 
liege  people,  u  or  any  corporation,"  within  the  realm 
of  England  or  said  province,  might  lav/fully  do,  "  not 
exceeding  the  yearly  value  of  five  thousand  pounds." 


6  REPORT  OF  THE  COMMISSIONERS 

It  was  also  declared  by  said  charter,  "  that  the  said 
church,  cemetery,  or  church-yard,"  should  "  be  the 
sole  and  only  parish  church  and  church-yard  of"  said 
city  of  New-York ;  and  a  certain  yearly  maintenance 
of  one  hundred  pounds,  directed  by  an  act*  of  the 
general  assembly  of  said  province,  was  in  and  by  said 
charter  granted  to  said  rector  and  his  successors  for- 
ever, to  be  levied  and  collected  according  to  said  act ; 
the  said  premises,  rights,  &c,  to  be  holden  by  said 
corporation  in  free  and  common  soccage,  at  the  year- 
ly rent  of  one  pepper  com,  if  demanded. 

This  is  an  epitome,  so  far  as  is  deemed  to  be  ma- 
terial, of  the  original  charter  of  Trinity  Church,  in 
the  city  of  New- York. 

An  act  of  the  Legislature  of  the  province  of  New- 
York,  passed  the  27ch  of  June,  1704,  t  recites  that 
Trinity  Church  had  been  erected  by  the  voluntary 
contributions  of  sundry  inhabitants  of  the  city  of  New- 
York,  who  had  also  purchased  and  procured,  and  held 
and  enjoyed  "  the  said  church,  with  the  cemetery  or 
burying  place,  and  a  certain  tract  of  land  belonging 
thereto."  The  act  then  proceeds  to  declare  that  the 
rector  of  said  church,  and  the  inhabitants  of  said  city, 
in  communion  of  the  church  of  England,  as  by  law 
established,  and  their  successors,  should  possess  cor- 
porate powers,  and  as  such  corporation,  might  u  hold, 
use,  exercise  and  enjoy,"  the  said  church,  burying 
place  and  land  thereto  belonging,  by  whatsoever  name 
or  names  the  same  were  purchased  and  had,  and  "  in 
as  firm  and  ample  a  manner,  in  the  law,  as  if  the  said 
rector  and  inhabitants  had  been  legally  incorporated  " 
before  the  purchasing,  taking,  receiving  and  holding 
the  same. 

It  is  probable  that  the  title  of  the  corporation  to 

*  This  act  was  passed  24th  March,  1693.  Livingston  and 
Smith's  edition  of  the  Provincial  Laws,  p.  18. 

t  Livingston  and  Smith's  edition  of  the  Provincial  Laws,  p.  60 


OF  THE  LAND  OFFICE. 


7 


the  church,  burying  place  and  land  adjacent,  had  been 
called  in  question  before  the  passing  of  this  act,  and 
that  a  principal  object  of  the  provision  which  has  been 
recited,  was  to  confirm  that  title,  and  render  it  incon- 
testable. The  first  step  in  the  origin  and  progress  of 
Trinity  Church,  appears  to  have  been  the  erection  of 
the  church  by  voluntary  contribution,  and  the  acquisi- 
tion of  a  title  of  some  description  to  the  land  on  which 
the  church  was  erected,  and  the  land  adjacent  thereto. 
In  whom  this  title  was  vested,  does  not  appear ;  but 
by  the  sixth  section  of  the  act  last  referred  to,  it  ap- 
pears that  the  title  had  been  conveyed  by  the  corpo- 
ration of  the  city  of  New- York,  "for  the  use  of  Trin- 
ity Church."  The  church,  however,  had  not  then 
been  incorporated,  and  was  therefore  incapable  of  ta- 
king a  legal  title.  The  charter  of  incorporation  was 
subsequent  to  this  grant,  and  to  the  erection  of  the 
church  5  but  this,  although  it  gave  to  the  body  thereby 
created,  a  capacity  to  acquire  and  receive  title  to  the 
church  property,  did  not  in  fact,  invest  it  with  that 
title.  That  could  only  be  effected  by  a  subsequent 
legal  conveyance  to  the  corporation,  or  in  case  the 
title  had  previously  been  transferred  in  an  informal 
manner,  for  the  benefit  of  those  who  were  thus  incor- 
porated, the  Legislature  might  correct  such  defects 
and  informalities,  and  thus  vest  the  title  according  to 
what  had  been  the  real  intention  of  all  parties.  Thip 
is  what  the  act  of  27th  June,  1704,  was  intended  to 
effectuate,  and  hence  it  provided  that  the  corporation 
should  have  and  hold  said  church,  burying  place  and 
land,  by  whatsoever  name  the  same  were  purchased 
or  granted,  in  as  ample  a  manner  as  if  said  corpora- 
tion had  been  created  before  such  purchase  or  grant 
had  been  made. 

The  act  of  27th  June,  1704,  also  declares  that  said 
corporation  may  acquire  and  purchase  lands,  feene 
ments  and  hereditaments,  goods  and  chattels,  and 
lease  and  improve  such  lands,  &/C.  in  amount,  how- 


s 


REPORT  OF  THE  COMMISSIONERS 


ever,  "  not  exceeding  five  hundred  pounds  yearly  rent 
or  income." 

This  corporation  was,  therefore,  not  only  originally 
created  by  the  King's  charter,  but  it  was  subsequently 
declared  by  the  Provincial  Legislature,  to  be  a  corpo- 
ration and  to  possess  such  general  powers  as  the  origi- 
nal charter  had  assumed  to  confer  upon  it. 

On  the  twenty-third  day  of  November,  1705,  Lord 
Cornbury,  Governor  of  the  Province  of  New-York, 
in  the  name  and  as  the  act  and  deed  of  Queen  Anne, 
made  a  lease  by  which  certain  pieces  of  land,  former- 
ly called  the  Duke's  farm  and  the  King's  farm,  and 
then  known  by  the  name  of  the  Queen's  farm,  as  the 
same  were  then  in  the  occupation  of  and  enjoyed  by 
George  Ryerse,  or  by  any  former  tenant,  situate  in 
the  city  of  New-York,  w  and  bounded  on  the  east  part- 
ly by  the  Broadway,  partly  by  the  common,  and  part- 
ly by  the  swamp ;  and  on  the  west  by  Hudson's 
river  ;  also,  all  that  one  piece  "  of  land  u  on  the  south 
side  of  the  church-yard  of  Trinity  Church,"  called 
the  Queen's  garden,  were  granted  and  confirmed  to 
said  corporation,  to  the  use  "  of  the  said  rector  and 
inhabitants  of  the  said  city  of  New-York,  in  commu- 
nion of  the  Church  of  England,  as  by  law  established, 
and  their  successors  forever,  to  be  holden  "  in  free 
and  common  soccage,  paying  the  yearly  rent  of  three 
shillings. 

The  corporation  of  Trinity  Church  is  understood 
to  possess  and  claim  title  to  several  pieces  of  land,  in 
the  city  of  New-York. 

1.  The  land  on  which  the  church  was  erected,  and 
the  church-yard  thereto  adjoining,  &c.  These  lands 
seem,  in  part,  to  have  been  purchased  by  voluntary 
contributions,  and  the  residue  granted  by  the  city  of 
New-York,  for  the  use  of  Trinity  Church,  before  the 
corporation  was  created.  The  title  of  the  corporation 
to  these  lands,  was  confirmed  by  the  act  of  27th  June, 
1704. 


OF  THE  LAND  OFFICE. 


9 


2.  The  Duke's  farm,  the  King's  farm,  and  Queen's 
farm ;  all  meaning  the  same  piece  of  land. 

3.  The  King's  or  Queen's  garden,  as  it  was  called, 
on  the  south  side  of  the  church-yard. 

The  two  last  pieces  were  conveyed  to  the  corpor- 
ration  by  the  lease  of  1705,  of  which  an  abstract  has 
been  given. 

Upon  these  sources  of  title,  together  with  an  un- 
interrupted possession  under  them,  the  corporation  of 
Trinity  Church  relies,  to  establish  its  present  right  to 
the  property  in  question. 

It  has  been  suggested,  however,  that  the  lease  ex- 
ecuted by  Governor  Cornbury,  in  1705,  being  in  perpe- 
tuity, was,  on  that  ground,  null  and  void,  and  it  is  true 
that  an  act  of  the  Provincial  Legislature  of  12tk  May, 
1699,#  declares  that  it  shall  not  be  in  the  power  of  any 
Governor  of  the  Province  of  New- York,  "to  grant 
or  demise  for  any  longer  than  his  own  time  in  the  gov- 
ernment, any  of  the  lands  hereinafter  mentioned,  that 
is  to  say:  Nutten  Island,  the  King's  farm,  the  ^King's 
garden,  the  swamp,  and  fresh  water,"  "  being  the  de- 
mesne of  his  Majesty's  fort  at  New-York,  and  for  the 
benefit  and  accommodation  of  his  Majesty's  governors 
and  commanders  in  chief  for  the  time  being." 

But  this  act  was  repealed  bv  an  act,  passed  on  the 
the  27th  of  November,  1702.f 

It  is  true,  that  the  repealing  act  was  annulled  by 
Queen  Anne,  the  26th  of  June,  1708,  and  the  restrain- 
ing act  of  12th  May,  1699,  was  at  the  same  time,  con- 
firmed by  her  Majesty. 

But,  although  the  power  of  the  crown,  to  annul 
acts  of  the  Provincial  Legislature,  was  indisputable, 
and  they  were  required  to  be  transmitted  to  the  Sov- 
ereign of  Great  Britain  "  for  approbation  or  disallow- 

*  Livingston  and  Smith's  edition  of  the  Provincial  Laws,  p.  33, 
ch.  79,  §  3. 

t  Livingston  and  Smith's  edition  of  the  Provincial  Laws,  p.  52  ; 
and  Bradford's  edition  of  the  Provincial  laws,  p.  196. 


I 


10  REPOItT  OF  THE  COMMISSIONERS 

ance  ; "  and,  if  disallowed,  were,  "  from  thenceforth," 
void,  and  of  none  effect,  yet,  until  so  disallowed,  they 
were,  to  all  intents  and  purposes,  laws.  The  power  of 
the  Provincial  Governor  to  make  leases  of  the 
crown  lands,  was  therefore,  unlimited  in  1705,  when  the 
lease  in  question  was  made.  This  lease  seems  there- 
fore, to  have  been  valid  and  effectual  in  its  inception, 
and  to  have  been  so  regarded  during  the  continuance 
of  the  Provincial  government. 

It  appears  from  an  entry  in  "  Quit  Rent  Ledger 
No.  I,55  of  the  office  of  the  Receiver  General  of  the 
Province  of  New-York,  and  which  is  now  in  the 
Comptroller's  Office,  that  the  rent  of  three  shillings 
per  annum,  reserved  by  the  lease  of  the  23d  Novem- 
ber, 1705,  was  paid  in  full  to  the  25th  of  December, 
1750. 

It  also  appears  from  Quit  Rent  Book  D.,  in  the 
Comptroller's  Office,  that  on  the  20th  of  September, 
1786,  the  rent  for  eleven  years  preceding  the  25th 
December  in  that  year,  was  paid  to  the  State,  and  that 
a  farther  sum  of  two  pounds  two  shillings,  being  four- 
teen times  the  amount  of  one  year's  rent,  was  paid 
by  way  of  commutation,  and  in  full  satisfac- 
tion and  discharge  of  said  rent.  This  payment 
was  made  under  and  pursuant  to  the  act  of  the  first 
of  April,  1786,  which  declares  that  such  payment 
"  shall  be  a  good  discharge  of  such  quit  rent  forever."* 

The  lease  of  1705  seems,  therefore,  to  have  been 
regarded  as  a  subsisting  and  valid  grant,  not  only  by 
the  Provincial  government,  to  as  late  a  period  as  1750 
when  rent  was  paid  upon  it,  but  by  the  government  of 
this  State,  in  1786,  when  the  rent  reserved  was  finally 
commuted  and  satisfied. 

There  is  probably  no  room  to  doubt  but  that  the 
corporation  of  Trinity  Church  has,  by  its  agents  and 
tenants,  held  and  possessed  the  lands  in  question, 


Jones  and  Varick'a  edition  of  the  laws,  vol.  1,  250. 


OF  THE  LAND  OFFICE. 


claiming  an  absolute  and  indefeasible  estate  therein, 
free  from  all  rents  and  charges,  &/C,  from  the  commu- 
tation and  payment  of  said  quit-rent,  in  1786.  If  this 
is  so,  it  would  seem  to  be  clear  that  if  the  people  of 
this  State  then  had  a  right  to  said  lands,  that  right  lias 
been  lost,  and  is  barred  by  lapse  of  time.  By  the  act 
of  26th  February,  1788,  the  right  of  the  people  of  this 
State  to  sue  for  the  recovery  of  lands,  is  limited  to 
forty  years,  after  the  right  of  action  accrued ;  and  the 
same  period  was  continued  down  to  the  late  revision 
of  the  laws  of  this  State.*  The  limitation  in  England, 
and  in  the  Province  of  New-York,  was  sixty  years. 

An  act  passed  the  17th  of  April,  1784,t  makes  cer- 
tain alterations  in  the  charter,  u  to  render  it  more  con- 
formable to  the  Constitution  of  the  State;"  and  the 
act  of  10th  March,  1788, J  authorizes  the  corporation  to 
take  and  use  the  name  of  "  The  Rector  and  Inhabi- 
tants of  the  City  of  New-York,  in  communion  of 
the  Protestant  Episcopal  Church,  in  the  State  of 
New-York?  and  confirms  certain  conveyances  made 
to  or  by  said  corporation,  by  "any  other  name  or 
names  "  whatever. 

An  act  of  the  14th  March,§  1806,  recites  that  a 
charity  school  had,  for  a  considerable  number  of  years 
past,  been  under  the  care  and  management  of  the  cor- 
poration of  Trinity  Church,  and  that  said  school  had 
lately  been  endowed  by  said  corporation.  It  then 
proceeds  to  incorporate  the  trustees  of  said  school,  and 
declares  that  they  shall,  in  each  year,  render  an  ac- 
count to  the  corporation  of  Trinity  Church. 

The  act  of  25th  January,  1814,||  changed  the  name 
of  the  corporation  to  that  of  "  The  Rector,  Church- 
Wardens,  and  Vestrymen  of  Trinity  Church,  in 
the  City  of  New-York."    This  statute  confirms  the 

*  1  XI.  L.  p.  184,  and  the  acts  there  referred  to. 
f  Holt  and  Loudon's  edition  of  the  laws,  7th  Session,  p.  42. 
%  lb.  11th  Session,  ch.  lxvi.         §  Laws  of  29th  Session,  p.  126, 
||  Laws  of  that  Session,  p.  5. 


12  REPORT  OF  THE  COMMISSIONERS 

separation  which  had  previously  taken  place  between 
said  corporation  and  Saint  George's  Chapel,  and  the 
transfer  of  property  which  had  been  made  by  the  cor- 
poration of  Trinity  Church  to  that  chapel.  It  also 
authorized  the  corporation  of  Trinity  Church,  as  often 
as  should  seem  expedient,  44  to  divide  the  congregation 
or  corporators  belonging  to  the  said  corporation," 
44  by  setting  apart,  as  a  separate  church,  any  of  the 
churches  or  chapels  that  may  belong  to,  and  form  a 
part  of  the  said  corporation.'5 

The  Legislature  of  this  State  have,  therefore,  re- 
peatedly recognized  the  corporation  of  Trinity  Church 
as  a  legal,  valid  and  subsisting  corporation. 

It  is,  however,  urged  that  the  annual  income  of  the 
corporation  greatly  exceeds  the  amount  at  which  it  is 
limited  by  the  original  charter,  and  by  legislative 
enactments,  binding  upon  said  corporation.  The  Com- 
missioners of  the  Land  Office  are  not  apprized  of  the 
amount  of  this  income ;  but  it  is  probably  true  that  it 
exceeds  the  sum  of  five  thousand  pounds  mentioned  in 
the  original  charter.  It  is  not,  however,  pretended 
that  the  property  now  owned  by  Trinity  Church  would 
have  produced  any  thing  like  an  income  of  five  thou- 
sand pounds  when  it  was  conveyed  to  the  corporation. 
The  present  large  income  arises  from  the  great  appre- 
ciation of  the  lands  conveyed  to  the  corporation  by 
the  lease  of  1705,  not  as  is  understood,  by  any  acquisi- 
tion of  property  since  that  time.  It  is,  however,  not 
supposed  that  any  forfeiture  of  charter  or  income, 
whatever  may  be  the  amount  of  such  income,  can  fol- 
low from  this  rise  in  value  of  the  real  estate  owned  by 
the  corporation.  (See  2  Inst  722.)  This  principle  is 
plainly  recognized  in  the  6th  section  of  the  act  of  25th 
January,  1814,  (3  R.  S.  299,)  which  declares  44  that  in 
every  case  where  a  church  or  religious  society  which 
has  been,  or  may  be,  duly  incorporated,  shall  have  ex- 
hibited such  account  and  inventory  as  is  specified  in 
the  ninth  [tenth]  section  of  the  act  entitled, 4  An  act  to 


OF  THE  LAND  OFFICE. 


13 


provide  for  the  incorporation  of  religious  societies,'  it 
shall  not  be  necessary  for  such  church  or  society  again 
to  exhibit  any  account  and  inventory,  unless  the  said 
church  or  society  subsequently  to  such  exhibition, 
shall  have  purchased  or  acquired  any  lands,  tene- 
ments, or  hereditaments,  within  this  State." 

In  conclusion,  thq  Commissioners  of  the  Land 
Office  are  of  opinion, 

1.  That  "  The  Rector,  Church-Wardens  and 
Vestrymen  of  Trinity  Church,  in  the  City  of  New- 
York,"  are  a  valid  corporation,  with  full  power  to  hold 
the  real  estate  which  has  been  referred  to. 

2.  That  it  has  a  valid,  subsisting  and  absolute  title 
to  the  lands  referred  to. 

3.  That  it  also  is  entitled  to  the  rents  and  profits 
of  said  lands  without  any  regard  to  the  amount  of  in- 
come which  they  may  yield. 

Which  is  respectfully  submitted, 
S.  BEARDSLEY, 
JOHN  A.  DIX, 
A.  C.  FLAGG, 
A.  KEYSER, 
WILLIAM  CAMPBELL. 
Albany,  May  12,  1836. 


\ 


ADVERTISEMENT. 


George  Sullivan  has  published  a  statement  respecting  the  title 
of  Trinity  Church  to  the  lands  in  the  city  of  New-York,  called 
the  Church  Farm  ;  and  the  rights  of  the  heirs  of  Anneke  Jans  to 
some  portion  of  it.  Lest  any  one  may  suppose  that  such  statement 
contains  the  facts  in  the  case,  and  correct  conclusions  thereon,  and 
be  thereby  deluded  into  expenditures  for  the  prosecution  of  their 
imagined  rights,  it  would  be  well  to  inquire  what  can  be  the  motive 
of  counsel  for  agitating  again  this  matter  ;  and  what  are  represented 
to  be  the  facts  by  the  other  side.  The  members  of  the  Legislature, 
and  all  other  persons  who  take  any  interest  in  the  question,  are  re- 
ferred to  the  accompanying  pamphlets,  being  Vice-Chancellor  (now 
Judge)  landlord's  opinion,  delivered  on  giving  judgment  in  the  suit 
of  Bogardus  vs.  Trinity  Church,  (4th  Sandford's  Chancery  Rep., 
p.  633,)  and  the  Report  of  the  Commissioners  of  the  Land  Office, 
made  to  the  Legislature  in  1836,  (Assembly  Documents,  1830,  No. 
321.)  Reference  is  also  made  to  the  case  of  Humbert  vs.  Trinity 
Church,  (7th  Paige,  193,  and  upon  appeal  before  the  Court  of  Er- 
rors, 24th  Wendell's  Reports,  587.)  Senator  Furman  in  delivering 
his  opinion  in  this  last  case  (see  24th  Wendell's  Rep.,  p.  619)  throws 
at  least  reasonable  doubts  upon  the  question  whether  the  pominie's 
Hook  claimed  by  the  heirs  of  Anneke  Jans  Bogardus,  were  situated 
anywhere  upon  Manhattan  Island. 

January  23,  1851. 


I 


